Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698939829629.pdf (Uganda)
THE PARLIAMENTARY ELECTIONS (INTERIM PROVISIONS) ACT.

Statutory Instrument 141—2.

The Parliamentary Elections (Interim Provisions) (Election Petitions) Rules.

Rule Arrangement of Rules.

PART I—PRELIMINARY.

1.

2.

3.

Citation.

Application of Rules.

Interpretation.

PART II—PROCEEDINGS IN THE HIGH COURT.

Form of petition.

Service.

Respondent to furnish address.

Answer of respondent to petition.

Unopposed petition.

4.

5.

Mode of presentation of petition.

6.

7.

8.

9.

10.
6.

7.

8.

9.

10.

Place and time of trial.

11.

List of votes objected to.

12.

Trial in open court.

13.

Expeditious hearing.

14.

Adjournments.

15.

Evidence at trial.

16.

Powers of Attorney General in relation to trial.

17.

Procedure generally.

18.

Consolidation of petitions.

19.

Enlargement or abridgement of time.

20.

Death of petitioner.

21.

Death of respondent, etc.

22.

Withdrawal of petition.

23.

Duplicates of documents.

Interlocutory matters.

24.

25.

Recount.

26.

27.


Costs.

Irregularities.

PART III—APPEALS.

28.

Applications.

29.

Notice of appeal.

30.

Memorandum of appeal.

31.

Record of appeal.

32.

Chief Justice to give directions concerning record of appeal.

33.

Expeditious hearing by appellate court.

34.

Time limit for hearing appeals.

35.

Service on commission and returning officer.

36.

Procedure generally.

Schedule Schedule Forms.

THE PARLIAMENTARY ELECTIONS (INTERIM PROVISIONS) ACT.

Statutory Instrument 141—2.


The Parliamentary Elections (Interim Provisions) (Election Petitions) Rules.1 (Under section 121 of the Parliamentary Elections (Interim Provisions) Statute.)

PART I—PRELIMINARY.

1.

Citation.

These Rules may be cited as the Parliamentary Elections (Interim Provisions) (Election Petitions) Rules.

2.

Application of Rules.

These Rules shall apply to the conduct of election petitions in respect of Parliamentary elections held under the Statute.

3.

Interpretation.
In these Rules, unless the context otherwise requires— (a) (b) (c) (d) (e) (f) “commission” means the Interim Electoral Commission within the meaning of the Statute; “court” means the High Court or the Court of Appeal in case of an appeal to the Court of Appeal; “petition” means an election petition and includes the affidavit required by these Rules to accompany the petition; “registrar” means the registrar of the court; “respondent” means the person of whose election a complaint is made in a petition, and where the petition complains of the conduct of the commission or the returning officer includes the commission or returning officer; “returning officer” means the officer charged with the duty of 1See the footnote to S.I.
141—1.

(g) (h) declaring the result of the election; “seat” means a seat in Parliament; “Statute” means the Parliamentary Elections (Interim Provisions) Statute.

PART II—PROCEEDINGS IN THE HIGH COURT.

4.

Form of petition.

(1) The form of a petition shall be as specified in Form A in the Schedule to these Rules.
(2) Every petition shall state— (a) the right of the petitioner to present the petition in accordance with section 90 of the Statute; the holding and result of the election together with a statement of the grounds relied upon to sustain the prayer of the petition; and the address of the place where personal service can be effected on the respondent.

(b) (c) (3) The only grounds on which an election may be set aside are those set out in section 91 of the Statute.
(4) A petitioner to whom section 90(2)(b) applies shall accompany the petition with the signatures prescribed in that paragraph on the form prescribed by regulations made under the Statute.
(5) The petition shall be divided into paragraphs numbered consecutively, each of which shall, as nearly as may be, be confined to a distinct portion of the subject; and no costs shall be allowed for the drawing or copying of any petition not substantially in compliance with this subrule unless the court otherwise directs.
(6) The petition shall conclude with a prayer, as for instance, that the court may order— (a) (b) that some specified person be declared elected other than the candidate declared validly elected; or that the election be set aside and a new election held.
(7) At the foot of the petition shall be stated— (a) an address for service within five kilometres from the office of (b) the registrar to which documents intended for the petitioner may be sent and the name of the occupier; and a note, signed by the petitioner giving the name of the petitioner’s advocate or, as the case may be, stating that the petitioner acts for himself or herself.
(8) The petition shall be accompanied by an affidavit setting out the facts on which the petition is based together with a list of any documents on which the petitioner intends to rely.

5.

Mode of presentation of petition.

(1) Presentation of a petition shall be made by the petitioner leaving it in person or by or through his or her advocate, if any, named at the foot of the petition, at the office of the registrar within thirty days after the declaration of the result of the election.
(2) With the petition, the petitioner or his or her advocate shall leave with the registrar five copies of the petition.

(3) The petitioner or the advocate of the petitioner shall, at the time of presenting the petition, pay a fee of 150,000 shillings.

(4) not be accepted.

If subrule (3) of this rule is not complied with, the petition shall (5) The registrar shall compare each copy of the petition with the original petition and shall, if so satisfied, certify it as true.
(6) If the constituency to which a petition relates is within the area of a district registry of the High Court established under the Civil Procedure Act, the petition shall be presented at the office of that registry, and in any other case shall be presented at the office of the High Court registry.
(7) References in these Rules to the registrar shall, in relation to a petition presented in accordance with subrule (1) of this rule at the office of a district registry, be construed as references to the district registrar.

6.

Service.

(1) Within seven days after filing the petition with the registrar, the petitioner or his or her advocate shall serve on each respondent notice in writing of the presentation of the petition, accompanied by a copy of the petition.
(2) As soon as possible upon presentation of the petition and compliance by the petitioner or his or her advocate with rule 5 of these Rules, the registrar shall send a certified copy of the petition to the commission and the returning officer unless either of them is a respondent in the proceedings.

(3) Service of the petition on a respondent under these Rules shall be personal except as provided in subrule (4) of this rule.
(4) Where the respondent cannot be found within three days for effecting personal service on him or her, the petitioner or the advocate of the petitioner shall immediately make an application to the court supported by an affidavit, stating that all reasonable efforts have been made to effect personal service on the respondent but without success.
(5) If the court on an application under subrule (4) of this rule is satisfied that all reasonable efforts have been made to effect service on the respondent but without success, the court may order that service be effected in any of the ways prescribed by Order V of the Civil Procedure Rules for service other than personal service, fixing the date for appearance within seven days.
(6) The registrar shall, in any case, post up on the court notice board a certified copy of the petition and shall, in addition, if the court so directs, cause a certified copy of the petition to be published in the Gazette.

7.

Respondent to furnish address.


(1) A respondent on whom a petition has been served shall, within seven days after the service of the petition, furnish the registrar in writing signed by the respondent or the advocate of the respondent, an address to which may be sent any document relating to the proceedings on the petition and intended for the respondent.
(2) If a respondent fails to comply with subrule (1) of this rule, the registrar shall post up every document referred to in that subrule on the court notice board; and the posting up shall be sufficient notice of it to the respondent.

8.

Answer of respondent to petition.

(1) If the respondent wishes to oppose the petition, the respondent shall, within ten days after the petition was served on him or her, file an answer to the petition.
(2) The respondent’s answer shall be filed with the registrar together with five copies of it for use by the court and for service on the commission, the returning officer and the other respondents, if any.

(3) The answer of the respondent shall be accompanied by— (a) an affidavit stating the facts upon which the respondent relies in support of his or her answer; and a fee of fifty thousand shillings.
(b) (4) The respondent shall, within five days after filing the answer with the registrar, serve a copy on the petitioner or his or her advocate.

(5) Where the respondent requires further and better particulars of the petition, he or she shall apply for the particulars together with the answer.

(6) The petitioner shall, subject to the directions of the court, supply any particulars requested under subrule (5) of this rule on or before the date set for trial of the petition.

9.

Unopposed petition.


(1) If a respondent upon whom a petition has been served intends not to oppose the petition, he or she shall file at the office of the registrar, a written notice of that intention, signed by the respondent, at least three days before the day appointed for the trial, exclusive of the day on which the notice is filed.
(2) The respondent shall provide to the registrar with the notice at the time of filing, a sufficient number of copies of the notice for use by the court and for service on the commission, the returning officer and the other respondents, if any.

(3) The respondent shall, immediately upon filing the notice, serve a copy of it on the petitioner or on his or her advocate.
(4) immediately— (a) If a notice is filed under subrule (1) of this rule, the registrar shall serve a copy of the notice on the commission and the returning officer; and post up a copy of the notice on the court notice board.

(b) (5) The registrar shall also, as soon as possible, cause a copy of the notice to be published in the Gazette.

(6) Notwithstanding that the petition is not opposed, it shall not be abated on that account.

10.

Place and time of trial.


(1) The trial of a petition shall be held at such time and place as the court shall direct.

(2) Where the election was held in respect of a constituency within the area of a district registry of the High Court, the trial shall, unless the court for special reasons considers it expedient to direct otherwise, be held at a place within that area.
(3) Where the petition and answer have been duly served and any application for further and better particulars has been determined or, as the case be, where notice of intention not to oppose has been served, the court shall set a date for trial of the petition which shall be within fourteen days after the date in which further and better particulars were ordered or agreed to be given.
(4) The court shall, in any case, fix the date for trial of the petition to be within fourteen days after due service of the petition on the respondent where the respondent has neither filed an answer to the petition nor filed a notice of intention not to oppose the petition.
(5) In a case to which subrule (4) of this rule applies, or where the respondent has filed a notice of intention not to oppose the petition, the petition shall, unless withdrawn, proceed to be heard and determined ex parte so far as the respondent is concerned.
(6) Notice of the time and place of trial shall be given by the registrar, as soon as possible in the following manner— (a) (b) by posting up the notice on the court notice board; and by sending a copy of the notice to each party to the proceedings, the commission and the returning officer, unless in the case of the commission and the returning officer they are respondents in the proceedings.

(7) The registrar shall also, as soon as possible, cause a copy of the notice to be published in the Gazette.
(8) If, after notice of trial has been given as provided in this rule and before the trial has begun, the registrar receives— (a) (b) information of the death of the sole petitioner or the survivor of several petitioners; or notice of the petitioner’s intention to apply for leave to withdraw the petition as provided in these Rules, the registrar shall immediately countermand the notice of trial; and the countermand shall be given as nearly as may be in the same manner as the notice of trial.

11.
11.

List of votes objected to.

(1) When a petitioner claims the seat for an unsuccessful candidate, alleging that he or she had a majority of lawful votes, any party complaining of or defending the election shall, not less than six days before the day fixed for trial, file at the office of the registrar a list of votes intended to be objected to by him or her and of the heads of objection to each vote.
(2) No evidence shall be given at the trial against the validity of any vote or upon any head of objection not specified in the list referred to in subrule (1) of this rule except by leave of the court and upon such terms as the court may order.

(3) The party filing the list shall, at the same time, deliver to the registrar a copy of the list for each other party to the petition and two other copies for the returning officer and the commission unless they are parties to the proceedings.
(4) The party filing the list shall pay a fee of fifty thousand shillings.

(5) The registrar shall cause a copy of the list to be served on the returning officer and the commission unless they are parties to the proceedings.

12.

Trial in open court.

(1) A petition shall be tried in open court by a single judge.
(2) After the trial is concluded, if the judge before whom it was held has prepared his or her decision on the trial but is prevented through illness or otherwise from delivering it, the decision may be delivered by another judge and the last-mentioned judge shall certify to the commission the determination of the petition.

13.

Expeditious hearing.


(1) The court shall, in accordance with section 93(2) of the Statute, hear and determine the petition expeditiously; and it shall declare its findings not later than thirty days from the date it commenced the hearing of the petition unless the court for sufficient reason extends the time.

(2) The court shall sit from day-to-day and may, for the purpose of hearing and determining the petition, suspend any other matter pending before it.

14.

Adjournments.
14.

Adjournments.

The court may in exceptional cases, on application by a party to a petition, or of its own motion, adjourn the trial of a petition from time to time.

15.

Evidence at trial.

(1) Subject to this rule, all evidence at the trial, in favour of or against the petition shall be by way of affidavit read in open court.
(2) With the leave of the court, any person swearing an affidavit which is before the court may be cross-examined by the opposite party and reexamined by the party on behalf of whom the affidavit is sworn.

(3) The court may, of its own motion, examine any witness or call and examine or recall any witness if the court is of the opinion that the evidence of the witness is likely to assist the court to arrive at a just decision.
(4) A person summoned as a witness by the court under subrule (3) of this rule may be cross-examined by the parties to the petition.

16.

Powers of Attorney General in relation to trial.

(1) The Attorney General, or any person appointed by him or her for the purpose and entitled to practise in the High Court, may attend the trial of a petition, and may, with the leave or at the request of the court, take part in and assist the court at the trial of the petition.
(2) If it appears to the Attorney General that any person is able to give material evidence as to the subject of the trial, he or she may cause that person to attend the trial and, with the leave of the court, the Attorney General or his or her representative may examine that person as a witness.

17.

Procedure generally.


Subject to these Rules, the practice and procedure in respect of a petition shall be regulated, as nearly as may be, in accordance with the Civil Procedure Act and the Rules made under that Act relating to the trial of a suit in the High Court, with such modifications as the court may consider necessary in the interests of justice and expedition of the proceedings.

18.

Consolidation of petitions.


Where more petitions than one are presented in relation to the same election, the court may direct that some or all of those petitions be dealt with as one petition.

19.

Enlargement or abridgement of time.


The court may of its own motion or on application by any party to the proceedings, and upon such terms as the justice of the case may require, enlarge or abridge the time appointed by the Rules for doing any act if, in the opinion of the court, there exists such special circumstances as make it expedient to do so.

20.

Death of petitioner.

(1) A petition shall be abated by the death of a sole petitioner or of the survivor of two or more petitioners.
(2) The abatement shall not affect the liability of the petitioner or any other person to the payment of costs previously incurred.

(3) If the registrar is satisfied as to the death of a sole petitioner or the survivor of several petitioners, the registrar shall immediately cause a notice of it to be posted on the notice board of the court and, as soon as possible, published in the Gazette.

21.

Death of respondent, etc.


If the respondent to a petition dies or the seat of the respondent otherwise becomes vacant, the petition shall not on that account be abated but shall continue.

22.

Withdrawal of petition.

(1) A petition shall not be withdrawn except with leave of the court and after such notice has been given as the court may direct.
(2) Where there is more than one petitioner, no application for leave to withdraw the petition shall be made except with the consent of the other petitioners.
(3) Subject to subrule (1) of this rule, an application for leave to withdraw a petition shall be supported by an affidavit of the petitioner and his or her advocate, if any, stating the ground on which the petition is sought to be withdrawn and also stating that to the best of their knowledge and belief, no agreement or terms of any kind has or have been made or undertaking made in relation to the petition or, if any lawful agreement has been made, stating the terms of the agreement.
(4) The petitioner shall, when filing the application for leave to withdraw, give to the registrar a sufficient number of copies for use by the court and for service on the respondents, the Attorney General, the commission and the returning officer, unless, in the case of the commission and the returning officer, they are respondents in the case.
(5) The registrar shall, as soon as possible upon receipt of an application under this rule— (a) (b) serve a copy of the application on the respondents and on the Attorney General; and cause to be posted on the court notice board and published in the Gazette a notice in Form B in the Schedule to these Rules.
(6) The Attorney General or a representative of the Attorney General may appear at the hearing and oppose the withdrawal, and the court may receive the evidence of any person if the Attorney General or his or her representative considers it material.

(7) The court may direct that any other party or advocate or election agent of any party to the proceedings should swear an affidavit in the manner specified in subrule (3) of this rule.
(8) If the court gives leave for the withdrawal of a petition, the court shall make a report to the commission stating the reasons for the withdrawal.

(9) If the petition is withdrawn, the petitioner shall be liable to pay the costs of the respondent.

23.

Duplicates of documents.


In the absence of express provision for the furnishing of copies or duplicates of documents filed or left with the registrar or used in connection with any step provided for in these Rules, the party taking such a step shall, unless the registrar otherwise directs, leave with the registrar a copy of every such document for each other party and three other copies.

24.

Interlocutory matters.


All interlocutory questions and matters arising out of the trial of the petition, other than those relating to leave to withdraw a petition, shall be heard and disposed of, or dealt with, by a judge; and references in these Rules to the court shall be construed accordingly.

25.

Recount.

The court, before coming to a decision upon hearing a petition, may order a recount of the votes cast.

26.

Irregularities.


No proceedings upon a petition shall be defeated by any formal objections or by the miscarriage of any notice or any other document sent by the registrar to any party to the petition.

27.

Costs.

All costs of and incidental to the presentation of the petition and the proceedings consequent on the petition shall be defrayed by the parties to the petition in such manner and in such proportions as the court may determine.

PART III—APPEALS.

28.

Applications.


This part applies to appeals to the Court of Appeal from decisions of the High Court on determination of election petitions.

29.

Notice of appeal.

Notice of appeal may be given either orally at the time judgment is given or in writing within seven days after the judgment of the High Court against which the appeal is being made.

30.

Memorandum of appeal.


A memorandum of appeal shall be filed with the registrar— (a) (b) in a case where oral notice of appeal has been given, within fourteen days after the notice was given; and in a case where a written notice of appeal has been given, within seven days after notice was given.

31.

Record of appeal.

The appellant shall lodge with the registrar the record of appeal within thirty days after the filing by him or her of the memorandum of appeal.

32.
32.

Chief Justice to give directions concerning record of appeal.

The Chief Justice may give such directions as may be necessary as to how the record of appeal shall be produced expeditiously.

33.

Expeditious hearing by appellate court.

The court shall proceed to hear and determine an appeal under these Rules expeditiously and may for that purpose, suspend any matter pending before the court.

34.

Time limit for hearing appeals.


Unless the court extends the time on exceptional grounds, the hearing of an appeal shall be completed within thirty days from the lodging of the record of appeal.

35.

Service on commission and returning officer.

Unless the commission and the returning officer are parties in the appeal, the registrar shall cause to be served on them all documents served on parties to the appeal.

36.

Procedure generally.


Subject to such modifications as the court may direct in the interests of justice and expedition of the proceedings, any rules regulating the procedure and practice on appeal from decisions of the High Court to the Court of Appeal in civil matters shall apply to appeals under this Part of these Rules.

_____ Schedule.

Forms.

rule 4.

Form A.

Election Petition in the High Court of Uganda.

(The Parliamentary Elections (Election Petitions) Rules.)
Parliamentary election held on the ______ day of ______________, 20 ____ The petition of ________________________________________________ (or of _____________________________________________________ and ______________________________ of _____________________________ as the case may be) whose name(s) is (or are) stated at the foot of this petition.

1.
1.

Your petitioner(s) ______________________________________ and __________________________________ is a (are) person(s) who was a (or were) candidate(s) at the above-mentioned Parliamentary elections (or is a or are registered voter(s)) in the ________________________ constituency.

2.
2.

And your petitioner(s) state(s) that the election was held on the ______ day of _______________, 20 ____, when _____________________ __________________________ and _______________________________ were candidates (or was or were registered voters) in the ________________ the commission returning officer has returned constituency, and _______________________________________ as validly elected.

3.
3.

And your petitioner(s) says (say) that ______________________ (Here state grounds relied on by the petitioner(s); see section 91 of the Statute.)

Therefore your petitioner(s) pray(s) that it may be declared that— (a) _____________________________________ was validly elected; (b) the election be set aside and a new election held.
Dated this ______ day of _______________, 20 ____ __________________________________ Signed Address for service (within five kilometres from the office of the registrar) ______________________________________________________________ Occupier ____________________________________________________ The name(s) of my (or our) advocate(s) is (are) _______________________ ____________________________________________________________ or I am (or we are) acting for myself (ourselves).
The address(es) of the respondent(s) is (are) __________________________ ______________________________________________________________ __________________________________ Signed N.B.—The petition must be accompanied by an affidavit setting out the facts on which the petition is based.

Form B.

Notice of Application to Withdraw Election Petition.

The Parliamentary Elections (Election Petitions) Rules.

rule 22(5).
rule 22(5).

Notice is given that application has been made to the High Court of Uganda for leave to withdraw the petition presented by ________________________ (and _____________________________________) touching the election to Parliament of Parliamentary Elections for the _________________________ Constituency.

Dated this ______ day of _______________, 20 ____ _________________________________ History: S.I.

27/1996.

Registrar _____ Cross References Civil Procedure Act, Cap.

71.
71.

Civil Procedure Rules, S.I.

71-1.

_____